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FCC: Broadband Providers Not Entitled to First Amendment Protections
CNS ^ | March 12, 2015 | Rudy Takala

Posted on 03/13/2015 6:09:33 AM PDT by xzins

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To: xzins

Three unelected people in the FCC DO NOT have the legal authority under the U.S. Constitution to by pass the legislative and Executive branch to make new Regulations.

The FCC also does not have the jurisdiction. They are 100% out of bounds.

Anyone enforcing this unconstitutional move is violating U.S. laws and the U.S. Constitution.


21 posted on 03/13/2015 6:42:40 AM PDT by Enlightened1
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To: xzins

Their 1A rights aren’t being violated because they don’t have any. Ok, now we’re getting somewhere. Who else doesn’t have 1A rights? Newspapers with letters to the editor? Radio hosts who take calls? Sites like FR?
Where in the BoR is this “status” you need in order to exercise rights?


22 posted on 03/13/2015 6:42:43 AM PDT by Buttons12
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To: rjsimmon
Since when does the FCC get to interpret the Constitution? My understanding was that was the purview of the Supreme Court...

Certainly not the FCC. And according to the USC itself, not the USSC, either, whatever the Court has claimed. The Constitution is written in English, and its first three words are "We the People . . ." I'd say the plain meaning is that the People wrote the Constitution, and the People therefore qualify as interpreters of it!

Certainly each co-equal branch of government, to be co-equal, has to be co-equal as an interpreter of the USC, or their "co-equality" is meaningless. It's compelling to me that in the document itself, there's no hierarchy of interpreters mentioned, within government or out—actually no need for interpretation is mentioned at all. It's as if the point were that it says what it says, nothing more or less.

Isn't that why you have a Constitution?

23 posted on 03/13/2015 6:46:20 AM PDT by SamuraiScot
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To: xzins

The whole point was to make ISPs not render judgement on content, preventing them from hindering transmission (usually thru charging more) based on the nature of that content.

Knowing that Netflix makes a good buck off their content, ISPs were starting to squeeze Netflix for higher costs - allegedly on distribution issues, but really because Level3 et al wanted a greater piece of that action. (Level3 refused to install a single cable, which Netflix paid for, between two computers on the same shelf which would have massively increased bandwidth; instead, Level3 demanded huge sums to fix the problem - which would have taken maybe $5 of time & effort.)

FreeRepublic et al may become quite unpopular among those operating some ISPs. The ruling prohibits those ISPs from hindering FR access for no legal reason.

Child pornography is flat-out illegal. The FCC ruling explicitly states ISPs may not hinder _legal_ content, but that leaves unquestionably illegal content open for ISP blocking.

The difficult part is content of arguably legal vs illegal standing. Arguing against gay marriage? ISIS snuff-films propaganda? Civil disobedience? ISPs could argue these are illegal and ban them, but that opens liability for whether they’re wrong in that stance and violate the clear prohibition on blocking legal content.

The point of this part of the ruling is to ensure legal content is not blocked/hindered, while allowing ISPs to block unquestionably illegal activity (especially if it’s impacting available bandwidth, such as torrenting pirated BluRay media uncompressed). Seems the ISP is liable if they block legal content, so best if they let all but the most egregious/disruptive illegal content thru.

As for the right to screen out particular content you find offensive: the ISP business is there to blindly move content (like package carriers & phone companies), and customers don’t want you inspecting & passing judgement on theirs. Before objecting with “it’s your right”, remember you don’t want “common carriers” inspecting and blocking _your_ content either. This isn’t about making a cake for someone in particular, it’s about major carriers who have no business knowing the who & why, only moving it from A to B.


24 posted on 03/13/2015 6:48:15 AM PDT by ctdonath2 (Si vis pacem, para bellum.)
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To: xzins

If the Feds do not follow the U.S. Law and U.S. Constitution, then it is the Duty of the State governments to arrest the suspects members and seize all assets since they are acting outside of law.

If the States refuse to do anything, then it will be left up to we the people.


25 posted on 03/13/2015 6:49:17 AM PDT by Enlightened1
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To: xzins

The FCC Star Chamber has spoken and will let you know what your Constitutional rights are.


26 posted on 03/13/2015 6:52:35 AM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: xzins

Australia a few years ago proposed government control of Internet content to end access to child porn and other “offensive” sites. The plan failed when the list of sites to be banned was leaked. Included on the banned list were sites with political content and bizarrely a website of a Melbourne dentist. Had the plan succeeded Aussie Internet users would have faced higher costs to finance the censorship and slower access speeds because of the content filtering.


27 posted on 03/13/2015 6:56:35 AM PDT by The Great RJ (Pants up...Don't loot!)
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To: rollo tomasi

It’s because of the way it’s explained to them. CNBC interviewed a lot of people, most didn’t know what NN was, but one guy said Republicans being lobbied by big cable companies to oppose it because capitalism limits free speech.


28 posted on 03/13/2015 7:02:20 AM PDT by Rusty0604
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To: matt04

I know that a lot of people hate their cable companies. I know they “think” they are government dictated monopolies.

I spent a good part of my life securing franchises, and constructing cable systems. Not one single franchise was exclusive. Anyone matching the commitments in the license could get their own license and overbuild my system.

Not a dime of government money went into building my plant. In fact, we had to pay huge fees to cities, states, and the feds. We had to pay huge property taxes. We fought Markey and his ilk the whole way.

I learned of how corrupt government was, from the boards of selectmen to US Senators and everyone in between. They had their hands out, and in our pockets. It was pay for play the whole way. And none of the corruption was illegal. It was all campaign commitments, donations, support of fundraisers, etc. But if you did not pay, then you fought tooth and nail over every little thing in the media.

So, it is good that the government oversight has decided with three votes to control that entire process. It was bad enough when they regulated us back in the 1990’s. THAT lead to the small players dropping out of the market, and it has left us with Comcast, TWC, and a handful of other operators. Where there used to be 50 Multiple System Operators, there are not about a third of that. Tops.

So, thanks FCC. Thanks to Ed Markey. Now the government controls the greated leap forward in technology and communications in the history of the world. The internet is bigger than moveable type in its impact on the world.

And they government has the plug. And they will flex their control whenever they want.

Our government needs to be changed. A lot. Our elected officials are Oligarchs. They don’t care about people. They only care about their own class. Republican/Democrat? It doesn’t matter. Wake up and smell the coffee people. We can only change this at the voting booth for one or two more cycles. If you continue to vote the same idiots into office, the end will come sooner than you think.


29 posted on 03/13/2015 7:03:58 AM PDT by Vermont Lt (When you are inclined to to buy storage boxes, but contractor bags instead.)
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To: xzins

I guess they will put Lois Lerner in charge to determine who gets to speak freely now. MMMMM, FOX or MSNBC? I wonder which she will pick?


30 posted on 03/13/2015 7:10:41 AM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: ctdonath2

So, you’re saying the broadband companies are like UPS, and UPS shouldn’t be inspecting and objecting to what you have in the boxes you ship unless we’re talking about something egregiously illegal? Is that right?


31 posted on 03/13/2015 7:11:00 AM PDT by xzins (Retired Army Chaplain and Proud of It -- Those Who Truly Support Our Troops Pray for Their Victory!)
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To: xzins

Thereby insuring the rule is unconstitutional.


32 posted on 03/13/2015 7:17:09 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: Buckeye McFrog
Soros was the one that funded this net neutrality bs that is just socialism .It's government control of the Internet and ruining of the Internet as socialism/government control ruins other areas of the economy like healthcare etc.
33 posted on 03/13/2015 7:23:38 AM PDT by Democrat_media (Obama illegally imposed socialist net neutrality on the Internet to ruin it)
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To: DonaldC
What does a broadband provider provide that makes them a provider? Where do they what they provide from?

Sorry, DonaldC. Forget those above questions. I wrote them in a hurry while distracted by some construction workers who'd just arrived at the house. On re-reading them I have no idea what I was asking. They don't make a lot of sense even to me. My apologies

34 posted on 03/13/2015 7:23:54 AM PDT by xzins (Retired Army Chaplain and Proud of It -- Those Who Truly Support Our Troops Pray for Their Victory!)
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To: rollo tomasi

all 3 democrats on the FCC voted for net neutrality (socialism). all the Republicans , 2 , vote against it.

all democrats in congress voted to pass obamacare(socialism). all republicans voted against passing obamacare

when will we and Americans see that the threat is the democrat party?


35 posted on 03/13/2015 7:25:53 AM PDT by Democrat_media (Obama illegally imposed socialist net neutrality on the Internet to ruin it)
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To: xzins

“Among its many determinations, the FCC stated that broadband providers do not enjoy First Amendment protections because they do not have a right to free speech. “

LOL! Well this crashed and burned real quick. One judge, and into the garbage bin this goes.


36 posted on 03/13/2015 8:16:54 AM PDT by VanDeKoik
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To: xzins

http://en.wikipedia.org/wiki/Robert_W._McChesney


37 posted on 03/13/2015 8:19:47 AM PDT by abb ("News reporting is too important to be left to the journalists." Walter Abbott (1950 -))
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To: abb

Robert McChesney is an AVID SOCIALIST. Check this link to an organizing event for PROGRESSIVES/SOCIALISTS that was held in 2004. (SOCIALISTS were working to control the media back then and they have succeeded.)

Now they need to control the Internet, through the Government/FCC.


38 posted on 03/13/2015 9:33:10 AM PDT by azkathy (OBAMA IS WEARING OUT MY CAPS LOCK!!!)
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To: azkathy

Here is the link where we were discussing the SOCIALISTS including Robert McChesney. http://www.freerepublic.com/focus/f-news/2379432/posts


39 posted on 03/13/2015 9:35:21 AM PDT by azkathy (OBAMA IS WEARING OUT MY CAPS LOCK!!!)
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To: xzins
It says: Congress shall pass no law...

It's a limit to the power of government not the people.

If Congress can't do it, neither can the FCC.
40 posted on 03/13/2015 9:43:00 AM PDT by Tzimisce
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